- inserted or affixed, if the offender knows that the other person is not the author of the work; or
- (d) perform in public or broadcast the work as being a work of which another person is the author, if the offender knows that the other person is not the author of the work.
(2.) The last preceding sub-section applies where, contrary to the fact, a work is represented as being an adaptation of the work of another person in like manner as it applies where a work is represented as being the work of another person.
(3.) After the death of the author of a work, a person is, by virtue of this section, under a duty to the legal personal representative of the author not to do in relation to, or to a reproduction of, the work or an adaptation of the work any act that, but for the death of the author, the person would, by reason of either of the last two preceding sub-sections, have been under a duty to the author not to do.
(4.) In this section, “work” means a work in which copyright subsists.
Duty not to attribute falsely the authorship of altered work. 191. Where a work in which copyright subsists has been altered by a person other than the author of the work, a person is, by virtue of this section, under a duty to the author of the work not to—
- (a) publish, sell or let for hire, or by way of trade offer or expose for sale or hire, the work as so altered, as being the unaltered work of the author; or
- (b) publish, sell or let for hire, or by way of trade offer or expose for sale or hire, a reproduction of the work as so altered, as being a reproduction of the unaltered work of the author,
if, to his knowledge, it is not the unaltered work or a reproduction of the unaltered work, as the case may be, of the author.
Duty not to attribute falsely the authorship of artistic work. 192. A person is, by virtue of this section, under a duty to the author of an artistic work in which copyright subsists not to—
- (a) publish, sell or let for hire, by way of trade offer or expose for reproduction of sale or hire, or by way of trade exhibit in public, a reproduction of the work, as being a reproduction made by the author of the work; or
- (b) distribute reproductions of the work as being reproductions made by the author of the work,
where the reproduction was, or the reproductions were, to his knowledge, not made by the author.
Breach of duty not committed if act done outside Australia or done with permission. 193. The doing of an act by a person is not a breach of a duty owed by that person to another person by virtue of this Part if the act was done outside Australia or was done with the permission, whether express or implied, of that other person.
